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 143 |
Filed: 8/1/2012, Entered: None |
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EXHIBITS returned to counsel for defendant. (jcow, ) (Entered: 08/01/2012)
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 Request |
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| 142 |
Filed: 7/9/2012, Entered: None |
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USCA Mandate re 127 Notice of Appeal; This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (jcow, ) (Entered: 07/09/2012)
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Request |
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| 141 |
Filed: 7/9/2012, Entered: None |
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ORDER of USCA as to 127 Notice of Appeal filed by Jerrell R. Johnson; The court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (jcow, ) (Entered: 07/09/2012)
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Request |
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| 140 |
Filed: 5/25/2012, Entered: None |
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ADMINISTRATIVE ORDER TO CLERK re 110 Memorandum Opinion; Paragraph 9 of the Memorandum Order filed on March 2, 2012, ECF No. 110, is hereby corrected to read as follows: 9. The Court recognizes that at some point, the VSP will likely conclude its investigation. However, once the litigation in the instant civil case has been finalized, including any potential appeals, the Clerk's office shall return any original documents to the Defendant. Once returned to the Defendant, pursuant to paragraph four (4) of this Court's November 7, 2011, protective order, the Defendant is under a duty to return them to VSP. There shall be no destruction of any original investigative documents bythe defendant or the Clerk. Moreover, the Clerk shall maintain a copy under seal of Exhibit 6 to the Memorandum in Opposition to Plaintiff's First Motion in Limine, ECF No. 75, absent further Order of this court. In all other respects, the Memorandum Order of March 2, 2012, remains unchanged. Signed by District Judge Rebecca Beach Smith and filed on 5/25/12. (jcow, ) (Entered: 05/25/2012)
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Request |
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| 138 |
Filed: 5/14/2012, Entered: None |
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Costs Taxed in the amount of $ $9,821.29 against Jerrell R. Johnson, as Administrator of the Estate of Kirill Denyakin. (sche) (Entered: 05/14/2012)
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Request |
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| 137 |
Filed: 5/10/2012, Entered: None |
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ORDER of USCA as to 127 Notice of Appeal filed by Jerrell R. Johnson; The court grants the motion to relieve counsel and the law firms of Bennett and Zydron, P.C. and John D. Hooker & Associates, P.C. from further representation on appeal.(jcow, ) (Entered: 05/11/2012)
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Request |
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| 136 |
Filed: 5/10/2012, Entered: None |
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TRANSCRIPT of TRIAL PROCEEDINGS, THIRD DAY for date of March 1, 2012, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Gloria Smith, Telephone number 757-222-7074. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 7/10/2012. Release of Transcript Restriction set for 8/8/2012.(smith, gloria) (Entered: 05/10/2012)
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Request |
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| 135 |
Filed: 5/10/2012, Entered: None |
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TRANSCRIPT of TRIAL PROCEEDINGS, SECOND DAY, for date of February 29, 2012, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Gloria Smith, Telephone number 757-222-7074. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 7/10/2012. Release of Transcript Restriction set for 8/8/2012.(smith, gloria) (Entered: 05/10/2012)
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Request |
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| 134 |
Filed: 5/10/2012, Entered: None |
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TRANSCRIPT of TRIAL PROCEEDINGS, FIRST DAY, for date of February 28, 2012, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Gloria Smith, Telephone number 757-222-7074. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 7/10/2012. Release of Transcript Restriction set for 8/8/2012.(smith, gloria) (Entered: 05/10/2012)
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Request |
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| 133 |
Filed: 4/30/2012, Entered: None |
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NOTICE OF TAXING OF COSTS (sche) (Entered: 04/30/2012)
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Request |
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| 132 |
Filed: 4/4/2012, Entered: None |
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AMENDED BILL OF COSTS by Stephen D. Rankin, filed per order of 4/4/12. (jcow, ) (Entered: 04/04/2012)
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Request |
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| 131 |
Filed: 4/4/2012, Entered: None |
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ORDER finding as moot 121 objections to defendant's bill of costs and motion for relief therefrom and; granting 123 Motion for Leave to File amended bill of costs and directs that the Defendant's Proposed Amended Bill of Costs, attached to the Memorandum in Support of the Motion, be filed. Signed by District Judge Rebecca Beach Smith and filed on 4/4/12. (jcow, ) (Entered: 04/04/2012)
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Request |
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| 130 |
Filed: 4/2/2012, Entered: None |
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USCA Case Number 12-1414, case manager: Donna Lett; USCA 4th Circuit for 127 Notice of Appeal filed by Jerrell R. Johnson. (jcow, ) (Entered: 04/03/2012)
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Request |
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| 129 |
Filed: 3/29/2012, Entered: None |
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Transmission of Notice of Appeal to US Court of Appeals re 127 Notice of Appeal. (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: # 1 notice of appeal)(mwin, ) (Entered: 03/29/2012)
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Request |
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| 128 |
Filed: 3/29/2012, Entered: None |
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ORDER granting 119 Motion to Correct the Record. Counsel for the Plaintiff shall forthwith submit to the Clerk the original photograph, which shall be marked as "Refused Exhibit A." Signed by District Judge Rebecca Beach Smith on 3/28/2012 and filed on 3/29/2012. (rsim) (Entered: 03/29/2012)
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Request |
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| 127 |
Filed: 3/29/2012, Entered: None |
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NOTICE OF APPEAL as to 115 Judgment, by Jerrell R. Johnson. Filing fee $ 455, receipt number 0422-2971922. (Gill, Craig) (Entered: 03/29/2012)
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Request |
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| 126 |
Filed: 3/19/2012, Entered: None |
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RESPONSE in Support re 119 MOTION to Amend/Correct the Record filed by Jerrell R. Johnson. (Gill, Craig) (Entered: 03/19/2012)
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Request |
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| 125 |
Filed: 3/16/2012, Entered: None |
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Memorandum in Opposition re 119 MOTION to Amend/Correct the Record filed by Stephen D. Rankin. (Cromwell, Richard) (Entered: 03/16/2012)
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Request |
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| 124 |
Filed: 3/16/2012, Entered: None |
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Memorandum in Support re 123 MOTION for Leave to File Amended Bill of Costs filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1)(Cromwell, Richard) (Entered: 03/16/2012)
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Request |
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| 123 |
Filed: 3/16/2012, Entered: None |
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MOTION for Leave to File Amended Bill of Costs by Stephen D. Rankin. (Cromwell, Richard) (Entered: 03/16/2012)
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Request |
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| 122 |
Filed: 3/15/2012, Entered: None |
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Memorandum in Support re 121 MOTION Relief from Bill of Costs re 118 Bill of Costs filed by Jerrell R. Johnson. (Gill, Craig) (Entered: 03/15/2012)
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Request |
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| 121 |
Filed: 3/15/2012, Entered: None |
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MOTION Relief from Bill of Costs re 118 Bill of Costs by Jerrell R. Johnson. (Attachments: # 1 Exhibit)(Gill, Craig) (Entered: 03/15/2012)
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Request |
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| 120 |
Filed: 3/14/2012, Entered: None |
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Memorandum in Support re 119 MOTION to Amend/Correct the Record filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit)(Gill, Craig) (Entered: 03/14/2012)
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Request |
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| 119 |
Filed: 3/14/2012, Entered: None |
Motion to Amend/Correct |
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MOTION to Amend/Correct the Record by Jerrell R. Johnson. (Gill, Craig) (Entered: 03/14/2012)
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Request |
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| 118 |
Filed: 3/13/2012, Entered: None |
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BILL OF COSTS by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Cromwell, Richard) (Entered: 03/13/2012)
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Request |
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| 117 |
Filed: 3/1/2012, Entered: None |
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Exhibit List from jury trial. (sche) (Entered: 03/02/2012)
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Request |
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| 116 |
Filed: 3/1/2012, Entered: None |
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Witness List from jury trial. (sche) (Entered: 03/02/2012)
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Request |
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| 115 |
Filed: 3/2/2012, Entered: None |
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JUDGMENT in a Civil Case ordering and adjudging that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant recover of the plaintiff its costs of action, entered by the Clerk on 3/1/2012, and filed on 3/2/2012. (sche) (Entered: 03/02/2012)
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Request |
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 114 |
Filed: 3/1/2012, Entered: None |
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Sealed Document. (sche) (Entered: 03/02/2012)
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| 113 |
Filed: 3/1/2012, Entered: None |
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VERDICT FORM, read into the record and filed in open court. (sche) (Entered: 03/02/2012)
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Request |
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| 112 |
Filed: 3/1/2012, Entered: None |
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JURY TRIAL (Day #3) held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Counsel, parties, and jurors present pursuant to adjournment on 2/29/2012. Continuation of Jury Trial held on 3/1/2012. The court advised jury that plaintiff rested. Defendant presented evidence and rested. No rebuttal evidence presented. Out of the presence of the jury, the court reviewed jury instructions and the Verdict Form with counsel. Closing arguments of counsel heard. The jury received court's charge and retired with instructions to begin their deliberations, returning later with their verdict. Jury polled on verdict, all answering in the affirmative. Verdict Form, filed in open court. Court adjourned. (sche) (Entered: 03/02/2012)
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Request |
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| 111 |
Filed: 2/29/2012, Entered: None |
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JURY TRIAL (Day #2) held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Counsel,parties, and jurors present pursuant to adjournment on 2/28/2012. Continuation of Jury Trial held on 2/29/2012. Plaintiff continued presenting evidence. Out of the presence of the jury, plaintiff rested. Out of the presence of the jury, defendant made an oral Rul 50 motion. Arguments of counsel heard. The court takes matter under advisement. Jurors, counsel, and parties excused until 10:30 a.m., on March 1, 2012. (sche) (Entered: 03/02/2012)
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Request |
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| 110 |
Filed: 3/2/2012, Entered: None |
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MEMORANDUM ORDER - The Court ORDERS that Exhibit 6 to the Defendant's Memorandum in Opposition to Plaintiffs First Motion in Limine shall bemarked confidential, and placed "under seal" with this Court. The Court recognizes that at some point, the VSP will likely conclude its investigation. However, once the litigation in the instant civil case has been finalized,including any potential appeals, the Clerk's office shall return the documents to the Defendant rather than unsealing the items. Once returned to the Defendant, pursuant to paragraph four (4) of this Court's November 7,2011, protective order, the Defendant is under a duty to destroy the documents or return them to VSP. Signed by Magistrate Judge Tommy E. Miller and filed on 3/2/12. (jcow, ) (Entered: 03/02/2012)
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| 109 |
Filed: 2/29/2012, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller.Status Conference held on 2/29/2012. Matter came on for conference re: designation of depositions. Present were Carlton Bennett and Stewart Gill on behalf of the plaintiff and Richard Cromwell on behalf of the defendant. Counsel goes through the deposition of Ivanovich Denyakin with Judge Miller. the objections are noted and the Court makes rulings on them. Counsel also indicates to the Court what designations they have come to agreements on. All rulings and notes mad on the final pretrial order so that a record is kept. Counsel then goes through the deposition of Roman Denyakin with Judge Miller. The objections are noted and the Court makes rulings on them. Counsel also indicates to the Court what designations they have come to agreements on. All rulings and notes are made on the final pretrial order so that a record is kept. Counsel indicate that they may still be interested in settlement and Judge Miller will be available as trial time allows. The Court will enter a short order in this matter. Conference is adjourned. (cdod, ) (Entered: 03/01/2012)
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Request |
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| 108 |
Filed: 2/29/2012, Entered: None |
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ORDER - This matter is before the Court on the parties' objections to deposition testimony of Ivanovich Denyakin and Roman Denyakin to be offered at trial. Accordingly, it is ORDERED that United States Magistrate Judge Douglas E. Miller is designated to conduct a hearing and make ruling on the outstanding objections. Signed by District Judge Rebecca Beach Smith and filed on 2/29/12. (jcow, ) (Entered: 02/29/2012)
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Request |
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| 107 |
Filed: 2/28/2012, Entered: None |
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JURY TRIAL (Day #1) held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Craig Gill, Jr. and Carlton Bennett present on behalf of plaintiff. Richard Cromwell and Kenneth Abrams present on behalf of defendant. Matter came on for trial by jury. Voir Dire held. Petit jurors were sworn, examined on voir dire and from said panel came a jury of 8 who were duly sworn. Jurors not serving, excused subject to call. Opening statements of counsel heard. Defendants oral motion to separate witnesses Granted. Evidence presented by plaintiff. Jurors, counsel, and parties excused until 10:30 a.m., on February 29, 2012. (sche) (Entered: 02/28/2012)
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Request |
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| 106 |
Filed: 2/28/2012, Entered: None |
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Subpoena(s) Returned. (Cromwell, Richard) (Entered: 02/28/2012)
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Request |
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| 105 |
Filed: 2/27/2012, Entered: None |
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HEARING held before District Judge Rebecca Beach Smith on 2/27/2012: Gloria Smith, OCR. Craig Gill, Jr. and Carlton Bennett present on behalf of plaintiff. Richard Cromwell and Kenneth Abrams present on behalf of defendant.Matter came on for hearing on Request for Hearing (document #98 and #100) re Motion in Limine of plaintiff and defendant. Arguments of counsel heard.The court made certain rulings on the record. The court directed counsel be present at 10:30 a.m., on February 28, 2012. Court adjourned. (sche) (Entered: 02/27/2012)
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Request |
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| 104 |
Filed: 2/27/2012, Entered: None |
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ORDER - the Clerk is directed to assign this case to another Magistrate Judge in this division for purposes of resolving nondispositive or pretrial mattersordinarily referred to magistrate judges in this Court. The undersigned shall remain available to the parties for further settlement discussions and conferences as necessary. Signed by Magistrate Judge Douglas E. Miller and filed on 2/27/12. (jcow, ) (Entered: 02/27/2012)
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Request |
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| 103 |
Filed: 2/24/2012, Entered: None |
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ORDER that this matter has been referred to me for a settlement conference set for 2/27/12. The parties and their lead counsel are required to appear at the settlement conference. Each party must bring a person with full settlement authority to the conference. If ex parte or other confidential discussions occur during the settlement conference, I will not conduct any other hearing or make any further decisions in this case after beginning the settlement conference nor will I disclose the information I receive in the conference to anyone without the permission of the party providing the information. The discussions occurring in the settlement conference may not be used by or against any party. Signed by Magistrate Judge Douglas E. Miller and filed on 2/24/12. (jcow, ) (Entered: 02/27/2012)
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Request |
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| 102 |
Filed: 2/24/2012, Entered: None |
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Subpoena(s) Returned. (Cromwell, Richard) (Entered: 02/24/2012)
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Request |
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| 101 |
Filed: 2/23/2012, Entered: None |
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Minute Entry for Telephonic Motion Hearing held 2/22/12 before Magistrate Judge Douglas E. Miller re 77 MOTION for Leave to File to Supplement Expert Disclosure filed by Stephen D. Rankin, 73 MOTION to Strike Supplemental Designation of Joseph Saady, Ph.D. filed by Jerrell R. Johnson. Stewart Gill appeared for the Plaintiff. Richard Cromwell and Kenneth Abrams appeared for the Defendant. Mr. Gill argues the Motion to Strike 73 . Mr. Cromwell responds. Comments of the Court. The Court DENIES the motion. The Court GRANTS the Motion for Leave to Supplement 77 as no opposition was filed. The Court grants Plaintiff leave until 2/24/12 at 10:00 a.m. to designate Dr. Polkis supplemental opinion as outlined on the record. The Court to issue an order. Court adjourned (Court Reporter Gloria Smith, OCR.) (lwoo) (Entered: 02/23/2012)
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Request |
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| 100 |
Filed: 2/23/2012, Entered: None |
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Request for Hearing by Jerrell R. Johnson Supplemental (Gill, Craig) (Entered: 02/23/2012)
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Request |
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| 99 |
Filed: 2/23/2012, Entered: None |
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ORDER denying 73 Motion to Strike the supplemental disclosure; granting 77 Motion for Leave to File supplement; the Court GRANTS Johnson leave tosupplement the disclosure of Johnson's expert, Dr. Alphonse Poklis. The Plaintiff shall supplement Dr. Poklis' opinion by designating those portions of his deposition transcript relevant to Dr. Saady's new opinion. Plaintiff shall designate any supplemental opinions by 10:00 a.m. on February 24, 2012. Signed by Magistrate Judge Douglas E. Miller and filed on 2/23/12. (jcow, ) (Entered: 02/23/2012)
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Request |
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| 98 |
Filed: 2/23/2012, Entered: None |
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Request for Hearing by Stephen D. Rankin re 67 First MOTION in Limine (Cromwell, Richard) (Entered: 02/23/2012)
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Request |
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| 96 |
Filed: 2/22/2012, Entered: None |
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ORDER granting 61 Motion to exclude testimony of Maurice Wilson. Signed by Magistrate Judge Douglas E. Miller and filed on 2/22/12. (jcow, ) (Entered: 02/22/2012)
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Request |
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| 95 |
Filed: 2/21/2012, Entered: None |
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Proposed Jury Instructions by Stephen D. Rankin. (Attachments: # 1 Exhibit 1)(Cromwell, Richard) (Entered: 02/21/2012)
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Request |
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| 94 |
Filed: 2/21/2012, Entered: None |
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Proposed Voir Dire by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/21/2012)
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Request |
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| 93 |
Filed: 2/21/2012, Entered: None |
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REPLY to Response to Motion re 77 MOTION for Leave to File to Supplement Expert Disclosure filed by Stephen D. Rankin. (Abrams, Kenneth) (Entered: 02/21/2012)
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Request |
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| 92 |
Filed: 2/21/2012, Entered: None |
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Proposed Voir Dire by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/21/2012)
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Request |
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| 91 |
Filed: 2/21/2012, Entered: None |
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Without Supporting Authority Proposed Jury Instructions by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/21/2012)
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Request |
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| 90 |
Filed: 2/21/2012, Entered: None |
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With Supporting Authority Proposed Jury Instructions by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/21/2012)
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Request |
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| 89 |
Filed: 2/20/2012, Entered: None |
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Request for Hearing by Stephen D. Rankin (Cromwell, Richard) (Entered: 02/20/2012)
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Request |
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| 88 |
Filed: 2/20/2012, Entered: None |
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REPLY to Response to Motion re 67 First MOTION in Limine filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Cromwell, Richard) (Entered: 02/20/2012)
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Request |
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| 87 |
Filed: 2/18/2012, Entered: None |
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Request for Hearing by Jerrell R. Johnson (Gill, Craig) (Entered: 02/18/2012)
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Request |
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| 86 |
Filed: 2/18/2012, Entered: None |
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Memorandum in Opposition re 77 MOTION for Leave to File to Supplement Expert Disclosure filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Gill, Craig) (Entered: 02/18/2012)
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Request |
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| 85 |
Filed: 2/17/2012, Entered: None |
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ORDER granting 58 Motion to Seal - the Court ORDERS the following documents to be maintained under seal in connection with the pending motions they support; ECF No. 62; ECF No. 62-1; ECF No. 62-2 and ECF No. 62-8 (see order for specifics). Signed by Magistrate Judge Douglas E. Miller and filed on 2/17/12. (jcow, ) (Entered: 02/17/2012)
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Request |
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| 84 |
Filed: 2/16/2012, Entered: None |
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Withdrawal of Motion by Stephen D. Rankin re 63 MOTION in Limine to Exclude Plaintiff's Expert Witness Kenneth Miller (Cromwell, Richard) (Entered: 02/16/2012)
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Request |
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| 83 |
Filed: 2/16/2012, Entered: None |
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OPINION that the court DENIES the Defendant's Motion for Summary Judgment on all grounds. Signed by District Judge Rebecca Beach Smith and filed on 2/16/12. (jcow, ) (Entered: 02/16/2012)
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| 82 |
Filed: 2/15/2012, Entered: None |
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Memorandum in Opposition re 67 First MOTION in Limine filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Gill, Craig) (Entered: 02/15/2012)
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Request |
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| 81 |
Filed: 2/14/2012, Entered: None |
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Memorandum in Support re 80 MOTION for Leave to File Amended Memorandum in Opposition to Plaintiff's First Motion in Limine filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cromwell, Richard) (Entered: 02/14/2012)
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Request |
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| 80 |
Filed: 2/14/2012, Entered: None |
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MOTION for Leave to File Amended Memorandum in Opposition to Plaintiff's First Motion in Limine by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/14/2012)
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Request |
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| 79 |
Filed: 2/13/2012, Entered: None |
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Rebuttal Brief re 56 First MOTION in Limine filed by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/13/2012)
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Request |
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| 78 |
Filed: 2/10/2012, Entered: None |
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Memorandum in Support re 77 MOTION for Leave to File to Supplement Expert Disclosure filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2- Part 1, # 3 Exhibit 2- Part 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Cromwell, Richard) (Entered: 02/10/2012)
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Request |
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| 77 |
Filed: 2/10/2012, Entered: None |
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MOTION for Leave to File to Supplement Expert Disclosure by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/10/2012)
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Request |
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| 76 |
Filed: 2/10/2012, Entered: None |
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FINAL PRETRIAL ORDER entered in the presence of counsel. Signed by Magistrate Judge Douglas E. Miller and filed on 2/10/12. (jcow, ) (Entered: 02/10/2012)
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Request |
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| 75 |
Filed: 2/9/2012, Entered: None |
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Sealed Document; Exhibit 6 to 72 Memorandum in Opposition to plaintiff's first motion in limine. (jcow, ) (Entered: 02/09/2012)
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| 74 |
Filed: 2/8/2012, Entered: None |
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Memorandum in Support re 73 MOTION to Strike Supplemental Designation of Joseph Saady, Ph.D. filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit)(Gill, Craig) (Entered: 02/08/2012)
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Request |
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| 73 |
Filed: 2/8/2012, Entered: None |
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MOTION to Strike Supplemental Designation of Joseph Saady, Ph.D. by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/08/2012)
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Request |
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| 72 |
Filed: 2/8/2012, Entered: None |
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Memorandum in Opposition re 56 First MOTION in Limine filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 -FILED UNDER SEAL, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Cromwell, Richard) (Entered: 02/08/2012)
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| 71 |
Filed: 2/8/2012, Entered: None |
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NOTICE by Stephen D. Rankin re 69 MOTION to Seal, 70 Memorandum in Support Notice of Filing (Cromwell, Richard) (Entered: 02/08/2012)
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Request |
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| 70 |
Filed: 2/8/2012, Entered: None |
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Memorandum in Support re 69 MOTION to Seal filed by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/08/2012)
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Request |
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| 69 |
Filed: 2/8/2012, Entered: None |
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MOTION to Seal by Stephen D. Rankin. (Attachments: # 1 Proposed Order)(Cromwell, Richard) (Entered: 02/08/2012)
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Request |
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| 68 |
Filed: 2/6/2012, Entered: None |
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Memorandum in Support re 67 First MOTION in Limine filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1)(Cromwell, Richard) (Entered: 02/06/2012)
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Request |
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| 67 |
Filed: 2/6/2012, Entered: None |
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First MOTION in Limine by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/06/2012)
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Request |
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| 66 |
Filed: 2/6/2012, Entered: None |
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MEMORANDUM OPINION - granting document numbers 46 and 50 , motions to seal; the Court ORDERS that Exhibits 4 and 9 to the Plaintiff's memorandum in opposition to the Defendant's motion for summary judgment and Exhibit 1 to theDefendant's reply be marked confidential and remain "under seal" with this Court. In addition, the sealed version of Defendant's reply may remain sealed as the modestly redacted public version (ECF No. 53) is adequate to inform the public of the issues presented. Signed by Magistrate Judge Douglas E. Miller and filed on 2/6/12. (jcow, ) (Entered: 02/06/2012)
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| 65 |
Filed: 2/3/2012, Entered: None |
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Sealed Documents; exhibits to 62 Memorandum in Support, Portions of pages 1, 3, 4, 6, and 7 and Exhibit 1, Exhibit 2, Exhibit 8(jcow, ) (Entered: 02/03/2012)
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| 64 |
Filed: 2/2/2012, Entered: None |
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Memorandum in Support re 63 MOTION in Limine to Exclude Plaintiff's Expert Witness Kenneth Miller filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1)(Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 63 |
Filed: 2/2/2012, Entered: None |
Motion in Limine |
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MOTION in Limine to Exclude Plaintiff's Expert Witness Kenneth Miller by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 62 |
Filed: 2/2/2012, Entered: None |
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Memorandum in Support re 61 MOTION for Order to Show Cause Against Maurice Wilson and to Exclude Him From Testifying at Trial PUBLIC REDACTED VERSION filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1-FILED UNDER SEAL, # 2 Exhibit 2-FILES UNDER SEAL, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8-PUBLIC REDACTED VERSION)(Cromwell, Richard) (Entered: 02/02/2012)
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| 61 |
Filed: 2/2/2012, Entered: None |
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MOTION for Order to Show Cause Against Maurice Wilson and to Exclude Him From Testifying at Trial by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 60 |
Filed: 2/2/2012, Entered: None |
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NOTICE by Stephen D. Rankin re 59 Memorandum in Support, 58 MOTION to Seal (Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 59 |
Filed: 2/2/2012, Entered: None |
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Memorandum in Support re 58 MOTION to Seal filed by Stephen D. Rankin. (Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 58 |
Filed: 2/2/2012, Entered: None |
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MOTION to Seal by Stephen D. Rankin. (Attachments: # 1 Proposed Order)(Cromwell, Richard) (Entered: 02/02/2012)
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Request |
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| 57 |
Filed: 2/1/2012, Entered: None |
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Memorandum in Support re 56 First MOTION in Limine filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Gill, Craig) (Entered: 02/01/2012)
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Request |
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| 56 |
Filed: 2/1/2012, Entered: None |
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First MOTION in Limine by Jerrell R. Johnson. (Gill, Craig) (Entered: 02/01/2012)
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Request |
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| 55 |
Filed: 1/20/2012, Entered: None |
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Request for Hearing by Stephen D. Rankin re 41 MOTION for Summary Judgment Oral Argument (Cromwell, Richard) (Entered: 01/20/2012)
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Request |
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| 54 |
Filed: 1/20/2012, Entered: None |
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Sealed Documents - Pages 12 and 13 to 53 Reply to Response to Motion and Exhibit 1(jcow, ) (Entered: 01/20/2012)
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| 53 |
Filed: 1/19/2012, Entered: None |
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"PUBLIC REDACTED VERSION" - REPLY to Response to Motion re 41 MOTION for Summary Judgment filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Cromwell, Richard) Modified on 1/20/2012 to correct title (jcow, ). (Entered: 01/19/2012)
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Request |
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| 52 |
Filed: 1/19/2012, Entered: None |
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NOTICE by Stephen D. Rankin re 51 Memorandum in Support, 50 MOTION to Seal of Filing (Cromwell, Richard) (Entered: 01/19/2012)
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Request |
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| 51 |
Filed: 1/19/2012, Entered: None |
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Memorandum in Support re 50 MOTION to Seal filed by Stephen D. Rankin. (Cromwell, Richard) (Entered: 01/19/2012)
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Request |
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| 50 |
Filed: 1/19/2012, Entered: None |
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MOTION to Seal by Stephen D. Rankin. (Attachments: # 1 Proposed Order)(Cromwell, Richard) (Entered: 01/19/2012)
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Request |
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| 49 |
Filed: 1/17/2012, Entered: None |
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Sealed Documents; exhibits 3 (CD recording), 4 and 9 re 45 Memorandum in Opposition. (jcow, ) (Entered: 01/17/2012)
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| 48 |
Filed: 1/16/2012, Entered: None |
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NOTICE by Jerrell R. Johnson re 46 MOTION to Seal (Gill, Craig) (Entered: 01/16/2012)
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Request |
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| 47 |
Filed: 1/16/2012, Entered: None |
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Memorandum in Support re 46 MOTION to Seal filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Gill, Craig) (Entered: 01/16/2012)
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Request |
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| 46 |
Filed: 1/16/2012, Entered: None |
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MOTION to Seal by Jerrell R. Johnson. (Gill, Craig) (Entered: 01/16/2012)
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Request |
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| 45 |
Filed: 1/13/2012, Entered: None |
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Memorandum in Opposition re 41 MOTION for Summary Judgment filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 15A, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19)(Gill, Craig) (Entered: 01/13/2012)
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Request |
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| 44 |
Filed: 12/29/2011, Entered: None |
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AGREED ORDER that the plaintiff is hereby granted an extension, and the 11day period of time set forth in Local Rule 7(F) for the plaintiff to file his response to the defendant, Stephen D. Rankin's, motion for summary judgment shall begin to run on January 3, 2012. Nothing in this Order shall otherwise affect any of the deadlines set forth in this Court's Rule 16(b) Scheduling Order. Signed by Magistrate Judge Douglas E. Miller and filed on 12/29/11. (jcow, ) (Entered: 12/29/2011)
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Request |
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| 43 |
Filed: 12/27/2011, Entered: None |
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NOTICE by Stephen D. Rankin re 42 Memorandum in Support, (Attachments: # 1 Exhibit 1- Part I, # 2 Exhibit 1- Part II, # 3 Exhibit 1- Part III, # 4 Exhibit 1 - Part IV)(Cromwell, Richard) (Entered: 12/27/2011)
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Request |
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| 42 |
Filed: 12/27/2011, Entered: None |
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Memorandum in Support re 41 MOTION for Summary Judgment filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13)(Cromwell, Richard) (Entered: 12/27/2011)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 41 |
Filed: 12/27/2011, Entered: None |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Stephen D. Rankin. (Cromwell, Richard) (Entered: 12/27/2011)
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Request |
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| 40 |
Filed: 11/29/2011, Entered: None |
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CONSENT ORDER that ten (10) days shall be added to the time period for the plaintiff to serve the defendant with Kenneth A. Miller's Rule 26 expertdisclosure in accordance with paragraph two (2) of the Court's Rule 16(b) Scheduling Order. The Court further ORDERS that the defendant shall have an additional ten (10) days from December 28, 2011, to serve the plaintiff with the expert disclosure(s) of his police procedures and/or "use of force" expert(s). All other deadlines in the Court's Rule 16(b) Scheduling Order shall remain unchanged. Signed by Magistrate Judge Douglas E. Miller and filed on 11/29/11. (jcow, ) (Entered: 11/29/2011)
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Request |
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| 39 |
Filed: 11/17/2011, Entered: None |
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AGREED PROTECTIVE ORDER as to confidential materials produced during the course of this proceeding (see order for specifics). Signed by Magistrate Judge Douglas E. Miller and filed on 11/17/11. (jcow, ) (Entered: 11/17/2011)
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Request |
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| 38 |
Filed: 11/10/2011, Entered: None |
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Withdrawal of Motion by Jerrell R. Johnson re 26 MOTION to Compel Response to Subpoena Duces Tecum (Gill, Craig) (Entered: 11/10/2011)
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Request |
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| 37 |
Filed: 11/7/2011, Entered: None |
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|
MEMORANDUM ORDER as to motion to quash; Tab A-l, Summary of Investigation.The Document behind Tab 1 constitutes the VSP's investigative summary, directed to Portsmouth Commonwealth's Attorney Earl C. Mobley. It is an evaluative summary containing the impressions of its authors concerning the evidence described. In addition, most of the factual material describedin the document is available in other, separately categorized materials. Accordingly, the VSP's motion to quash is granted as to A-l, which will not be produced. Tab B-l, Portsmouth Police Department Reports A number of documents behind B-l concern investigative materials prepared by the Portsmouth Police Department. Because these materials were obtained from Portsmouth Police Department, which has raised other objections to their production, the Courtdeclines to order their production from the VSP file pending argument on Portsmouth's separate motion. Tabs C-l through C-4, Crime Scene ExaminationThe four documents contained under the category "Crime Scene Examination", reflect objective analysis of the physical condition of the scene where the incident occurred. All of the information in document C-l through C-4should be produced, subject to the Protective Order. Tabs D-l through D-4, Lab Reports All of the documents in section D involve postmortem testing and examination of the decedent, Denyakin, no factor warrants withholding themand they will be produced subject to the Protective Order. Tabs E-l through E-6, Rankin Materials Materials in section E relate to the defendant, OfficerStephen Rankin, documents E-1 and E-5 will be produced subject to the protective order. Documents E-2 and E-6 will be produced subject to the protective order. Documents E-3 and E-4 may be withheld and VSP's motion to quash is granted in part with respect to E-3 and E-4. Tabs F-l through F-3, Denyakin Materials The materials in section F also relate to the decedent,Kirill Denyakin. F-l is a report concerning the investigator's review of video footage from security cameras near the scene. F-2 contains a search warrant and return for records related to the emergency medical treatment by those who responded to the incident. The third document, F-3, is a summary of informationobtained from Immigrations and Customs Enforcement concerning Denyakin's immigration status. These documents present purely factual data. Although the report of video evidence in F-2 contains the investigator's observations of a person believed to be Denyakin, they amount to only a description of his physical condition without subjective characterization. In addition, thevideo evidence itself is available in the event any party disagrees with the investigator's characterization. The report contains useful time-stamped data concerning Denyakin's suspected appearance in the footage and it, along with the other two factual documents in section F, will be produced subject tothe Protective Order. Tabs G-l through G-23, Witness Interviews. Documents in section G include summaries of witness interviews conducted by VSP's Chief Investigator between May 5 and May 31, 2011. The witness statements with the witnesses' dates of birth and phone numbers redacted shall be produced subject to the Protective Order. Tabs H-l through H-20, Police Statements. H-l through H-20 will be produced, subject to the Protective Order. Tabs 1-1 through 1-6, Chain of Custody and Request for Examinations, they will also beproduced subject to the terms of the Protective Order. Tabs J-l through J-16, Audio/Video and Other Evidence. The evidence included in the J-l through J-9 be produced subject to the terms of the Protective Order. The VSP's motion to quash is granted with regard to J-10. The VSP's motion to quash isgranted with respect to J-ll and J-12. J-13, J-14, J-15, J-16 and J-17 must be produced subject to the Protective Order. Tabs K-l through K-5, Additional Material, the undersigned declines to order the production of any of the documents addressed in K-l through K-12. Subject to the terms of the Protective Order entered this day, the undersigned directs the VSP to produce the foregoing materials to Plaintiff's counsel within ten (10) days of thisOrder. Costs for copying and duplication shall be paid by Plaintiff's counsel. The materials submitted for in camera review may be retrieved from chambers by the VSP for use in making necessary copies. Signed by Magistrate Judge Douglas E. Miller and filed on 11/7/11. (jcow, ) (Entered: 11/07/2011)
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| 36 |
Filed: 11/7/2011, Entered: None |
|
|
PROTECTIVE ORDER as to confidential materials produced during the course of this proceeding (see order for specifics). Signed by Magistrate Judge Douglas E. Miller and filed on 11/7/11. (jcow, ) (Entered: 11/07/2011)
|
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Request |
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| 35 |
Filed: 11/2/2011, Entered: None |
|
|
Request for Hearing by Jerrell R. Johnson re 26 MOTION to Compel Response to Subpoena Duces Tecum (Gill, Craig) (Entered: 11/02/2011)
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Request |
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| 34 |
Filed: 10/31/2011, Entered: None |
|
|
Reply to 26 MOTION to Compel Response to Subpoena Duces Tecum filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit)(Gill, Craig) (Entered: 10/31/2011)
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Request |
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| 33 |
Filed: 10/27/2011, Entered: None |
|
|
Memorandum in Opposition re 26 MOTION to Compel Response to Subpoena Duces Tecum filed by City of Portsmouth. (Attachments: # 1 Exhibit Joint Defense Confidentiality Agreement)(Cales, James) (Entered: 10/27/2011)
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Request |
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| 32 |
Filed: 10/18/2011, Entered: None |
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|
ORDER denying in part 16 Motion to Quash subpoena duces tecum; ORDERS the VSP to produce the materials set forth in its Exhibit F (ECF No. 28-6) for an in camera review on or before October 24, 2011. As counsel for VSP noted her intent to object to producing the materials even for this in camera review, theundersigned enters this Order to permit review by the District Judge pursuant to Fed. R. Civ. P. 72(a). Signed by Magistrate Judge Douglas E. Miller and filed on 10/18/11. (jcow, ) (Entered: 10/18/2011)
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Request |
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| 31 |
Filed: 10/17/2011, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 10/17/2011 re 16 MOTION to Quash Subpoena filed by Virginia State Police. Present were Ann Gregory, counsel for Virginia State Police (movant), along with Rich Cromwell, counsel for the defendant, and Stewart Gill and Carlton Bennett, counsel for the plaintiff. Ms. Gregory argues the motion. Mr. Gill responds. Mr. Cromwell opposes the motion, though he did not file a written response. Court makes rulings on the record and will enter an order. Consent order granting motion for leave to file amended answer filed in open court. Court adjourned. (Court Reporter Jody Stewart, OCR.) (cdod, ) (Entered: 10/18/2011)
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Request |
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| 30 |
Filed: 10/18/2011, Entered: None |
|
|
AMENDED ANSWER to Plaintiff's Complaint by Stephen D. Rankin. (Abrams, Kenneth) (Entered: 10/18/2011)
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Request |
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| 29 |
Filed: 10/17/2011, Entered: None |
|
|
ORDER granting 24 Motion for Leave to File. Signed by Magistrate Judge Douglas E. Miller on 10/17/11 and filed in open court. (cdod, ) (Entered: 10/18/2011)
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Request |
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| 28 |
Filed: 10/14/2011, Entered: None |
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|
RESPONSE in Support re 16 MOTION to Quash Subpoena Duces Tecum filed by Virginia State Police. (Attachments: # 1 Affidavit Earle Mobley, CA, # 2 Affidavit SA Keenon Hook, VSP, # 3 Letter Joel Davis, FBI, SSA, # 4 Exhibit Autopsy Report from Internet, # 5 Affidavit SA Keenon Hook, VSP, # 6 Exhibit List investigative file Rankin)(Gregory, Ann) (Entered: 10/14/2011)
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Request |
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| 27 |
Filed: 10/13/2011, Entered: None |
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Memorandum in Support re 26 MOTION to Compel Response to Subpoena Duces Tecum filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gill, Craig) (Entered: 10/13/2011)
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Request |
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| 26 |
Filed: 10/13/2011, Entered: None |
Motion to Compel |
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MOTION to Compel Response to Subpoena Duces Tecum by Jerrell R. Johnson. (Gill, Craig) (Entered: 10/13/2011)
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Request |
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| 25 |
Filed: 10/13/2011, Entered: None |
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Memorandum in Support re 24 MOTION for Leave to File Amended Answer filed by Stephen D. Rankin. (Attachments: # 1 Exhibit 1)(Cromwell, Richard) (Entered: 10/13/2011)
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Request |
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| 24 |
Filed: 10/13/2011, Entered: None |
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MOTION for Leave to File Amended Answer by Stephen D. Rankin. (Cromwell, Richard) (Entered: 10/13/2011)
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Request |
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| 23 |
Filed: 10/4/2011, Entered: None |
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Notice of Hearing Date re 16 MOTION to Quash Subpoena (Gill, Craig) (Entered: 10/04/2011)
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Request |
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| 22 |
Filed: 9/27/2011, Entered: None |
|
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Request for Hearing by Jerrell R. Johnson re 16 MOTION to Quash Subpoena (Gill, Craig) (Entered: 09/27/2011)
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Request |
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| 21 |
Filed: 9/26/2011, Entered: None |
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Memorandum in Opposition re 16 MOTION to Quash Subpoena filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gill, Craig) (Entered: 09/26/2011)
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Request |
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| 20 |
Filed: 9/26/2011, Entered: None |
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AGREED ORDER granting 19 Motion to Substitute Attorney. Added attorney Kenneth Abrams and Richard Cromwell for Stephen D. Rankin. Attorney Dawn Lee Serafine terminated as counsel for Stephen Rankin. Signed by Magistrate Judge Douglas E. Miller and filed on 9/26/11. (jcow, ) (Entered: 09/26/2011)
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Request |
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| 19 |
Filed: 9/21/2011, Entered: None |
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MOTION to Substitute Attorney by Stephen D. Rankin. (Cromwell, Richard) (Entered: 09/21/2011)
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Request |
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| 18 |
Filed: 9/15/2011, Entered: None |
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NOTICE by Virginia State Police re 16 MOTION to Quash Subpoena (Attachments: # 1 Exhibit)(Gregory, Ann) (Entered: 09/15/2011)
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Request |
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| 17 |
Filed: 9/14/2011, Entered: None |
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Memorandum in Support re 16 MOTION to Quash Subpoena filed by Virginia State Police. (Gregory, Ann) (Entered: 09/14/2011)
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Request |
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| 16 |
Filed: 9/14/2011, Entered: None |
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MOTION to Quash Subpoena by Virginia State Police. (Gregory, Ann) (Entered: 09/14/2011)
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Request |
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| 15 |
Filed: 8/30/2011, Entered: None |
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CONSENT ORDER granting 6 Motion to Dismiss Count II of the Complaint; ORDERED that Plaintiff's claims seeking to impose liability pursuant to 42 U.S.C. §1983 for violation of the Eighth Amendment as set forth in Count II of the Complaint are dismissed, with prejudice. Signed by District Judge Rebecca Beach Smith and filed on 8/30/11. (jcow, ) (Entered: 08/31/2011)
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Request |
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| 14 |
Filed: 8/26/2011, Entered: None |
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Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 2/10/2012 at 10:00 AM, at the courthouse in Norfolk. Jury Trial is set for 2/28/2012 at 11:00 AM, at Norfolk. Signed by District Judge Rebecca Beach Smith and filed on August 26, 2011. (sche) (Entered: 08/26/2011)
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Request |
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| 13 |
Filed: 8/22/2011, Entered: None |
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ORDER that United States Magistrate Judge Douglas E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and tosubmit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion to Dismiss. The magistrate judge shall file his report of proposed findings and recommendations with the court. Signed by District Judge Rebecca Beach Smith and filed on 8/22/11. (jcow, ) (Entered: 08/22/2011)
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Request |
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| 12 |
Filed: 8/10/2011, Entered: None |
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AGREED DISMISSAL ORDER that all official capacity claims againstthe defendant Rankin, and any and all claims against the City of Portsmouth, are hereby dismissed with prejudice, provided however that nothing herein shall preclude plaintiff from pursuing any and all claims against the defendant Rankin in his individual capacity, nor preclude plaintiff from pleading and or offering evidence to prove that defendant Rankin, with respect to the matters alleged in the Complaint, was at all times relevant acting in the course and scope of his employment as an employee of the City of Portsmouth, and was acting under color of state law. Signed by District Judge Rebecca Beach Smith and filed on 8/10/11. (jcow, ) (Entered: 08/10/2011)
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Request |
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| 11 |
Filed: 8/5/2011, Entered: None |
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RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 8/25/2011 at 09:00 AM. Signed by Magistrate Judge Douglas E. Miller and filed on August 5, 2011. (sche) (Entered: 08/05/2011)
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Request |
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| 10 |
Filed: 7/31/2011, Entered: None |
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NOTICE by Stephen D. Rankin re 6 MOTION to Dismiss Count II of Complaint against Stephen D. Rankin, individually of Waiver of Oral Argument (Serafine, Dawn) (Entered: 07/31/2011)
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Request |
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| 9 |
Filed: 7/31/2011, Entered: None |
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REPLY to Response to Motion re 6 MOTION to Dismiss Count II of Complaint against Stephen D. Rankin, individually filed by Stephen D. Rankin. (Serafine, Dawn) (Entered: 07/31/2011)
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Request |
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| 8 |
Filed: 7/29/2011, Entered: None |
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Memorandum in Opposition re 6 MOTION to Dismiss Count II of Complaint against Stephen D. Rankin, individually filed by Jerrell R. Johnson. (Attachments: # 1 Exhibit)(Gill, Craig) (Entered: 07/29/2011)
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Request |
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| 7 |
Filed: 7/29/2011, Entered: None |
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Brief in Support to 6 MOTION to Dismiss Count II of Complaint against Stephen D. Rankin, individually filed by Stephen D. Rankin. (Serafine, Dawn) (Entered: 07/29/2011)
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Request |
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| 6 |
Filed: 7/29/2011, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss Count II of Complaint against Stephen D. Rankin, individually by Stephen D. Rankin. (Serafine, Dawn) (Entered: 07/29/2011)
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Request |
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| 5 |
Filed: 7/28/2011, Entered: None |
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Brief in Support to 4 MOTION to Dismiss filed by City of Portsmouth. (Cales, James) (Entered: 07/28/2011)
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Request |
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| 4 |
Filed: 7/28/2011, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss by City of Portsmouth. (Cales, James) (Entered: 07/28/2011)
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Request |
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| 3 |
Filed: 7/25/2011, Entered: None |
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Magistrate Judge Notice and Judge's Information to counsel. (jcow, ) (Entered: 07/25/2011)
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Request |
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| 2 |
Filed: 7/22/2011, Entered: None |
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Copy of ANSWER to Complaint filed in state court, by Stephen D. Rankin.(jcow, ) (Entered: 07/25/2011)
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Request |
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| 1 |
Filed: 7/22/2011, Entered: None |
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NOTICE OF REMOVAL from Circuit Court for the City of Portsmouth, Virginia, case number CL11-2071. Filing Fee $ 350, receipt number 24683012266, filed by Stephen D. Rankin. (Attachments: # 1 exhibit A, # 2 exhibit B, # 3 Civil Cover Sheet, # 4 cover letter, # 5 Receipt)(jcow, ) (Entered: 07/25/2011)
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Request |
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| 110 |
Filed: 3/3/2012, Entered: None |
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MEMORANDUM ORDER - The Court ORDERS that Exhibit 6 to the Defendant's Memorandum in Opposition to Plaintiffs First Motion in Limine shall bemarked confidential, and placed "under seal" with this Court. The Court recognizes that at som e point, the VSP will likely conclude its investigation. However, once the litigation in the instant civil case has been finalized,including any potential appeals, the Clerk's office shall return the documents to the Defendant rather than unseal ing the items. Once returned to the Defendant, pursuant to paragraph four (4) of this Court's November 7,2011, protective order, the Defendant is under a duty to destroy the documents or return them to VSP. Signed by Magistrate Judge Tommy E. Miller and filed on 3/2/12. (jcow, )
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| 83 |
Filed: 2/17/2012, Entered: None |
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OPINION that the court DENIES the Defendant's Motion for Summary Judgment on all grounds. Signed by District Judge Rebecca Beach Smith and filed on 2/16/12. (jcow, )
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| 66 |
Filed: 2/7/2012, Entered: None |
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MEMORANDUM OPINION - granting document numbers 46 and 50 , motions to seal; the Court ORDERS that Exhibits 4 and 9 to the Plaintiff's memorandum in opposition to the Defendant's motion for summary judgment and Exhibit 1 to theDefendant
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| 37 |
Filed: 11/8/2011, Entered: None |
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MEMORANDUM ORDER as to motion to quash; Tab A-l, Summary of Investigation.The Document behind Tab 1 constitutes the VSP's investigative summary, directed to Portsmouth Commonwealth's Attorney Earl C. Mobley. It is an evaluative summary cont aining the impressions of its authors concerning the evidence described. In addition, most of the factual material describedin the document is available in other, separately categorized materials. Accordingly, the VSP's motion to quash is grante d as to A-l, which will not be produced. Tab B-l, Portsmouth Police Department Reports A number of documents behind B-l concern investigative materials prepared by the Portsmouth Police Department. Because these materials were obtained from Portsmo uth Police Department, which has raised other objections to their production, the Courtdeclines to order their production from the VSP file pending argument on Portsmouth's separate motion. Tabs C-l through C-4, Crime Scene ExaminationThe four documents contained under the category "Crime Scene Examination", reflect objective analysis of the physical condition of the scene where the incident occurred. All of the information in document C-l through C-4should be produced, subject to the Protective Order. Tabs D-l through D-4, Lab Reports All of the documents in section D involve postmortem testing and examination of the decedent, Denyakin, no factor warrants withholding themand they will be produced subject to the Protective Order. Tabs E-l through E-6, Rankin Materials Materials in section E relate to the defendant, OfficerStephen Rankin, documents E-1 and E-5 will be produced subject to the protective order. Documents E-2 and E-6 will be produced subject to the prot ective order. Documents E-3 and E-4 may be withheld and VSP's motion to quash is granted in part with respect to E-3 and E-4. Tabs F-l through F-3, Denyakin Materials The materials in section F also relate to the decedent,Kirill Denyakin. F-l is a report concerning the investigator's review of video footage from security cameras near the scene. F-2 contains a search warrant and return for records related to the emergency medical treatment by those who responded to the incident. The third document, F-3, is a summary of informationobtained from Immigrations and Customs Enforcement concerning Denyakin's immigration status. These documents present purely factual data. Although the report of video evidence in F-2 contains the i nvestigator's observations of a person believed to be Denyakin, they amount to only a description of his physical condition without subjective characterization. In addition, thevideo evidence itself is available in the event any party disagrees with the investigator's characterization. The report contains useful time-stamped data concerning Denyakin's suspected appearance in the footage and it, along with the other two factual documents in section F, will be produced subject tothe Protective Order. Tabs G-l through G-23, Witness Interviews. Documents in section G include summaries of witness interviews conducted by VSP's Chief Investigator between May 5 and May 31, 2011. The witness statements with the witnesses' dates of birth and phone numbers redacted shall be produced subject to the Protective Order. Tabs H-l through H-20, Police Statements. H-l through H-20 will be produced, subject to the Protective Order. Tabs 1-1 through 1-6, Chain of Custody and R equest for Examinations, they will also beproduced subject to the terms of the Protective Order. Tabs J-l through J-16, Audio/Video and Other Evidence. The evidence included in the J-l through J-9 be produced subject to the terms of the Protective Order. The VSP's motion to quash is granted with regard to J-10. The VSP's motion to quash isgranted with respect to J-ll and J-12. J-13, J-14, J-15, J-16 and J-17 must be produced subject to the Protective Order. Tabs K-l through K-5, Additional Material, the undersigned declines to order the production of any of the documents addressed in K-l through K-12. Subject to the terms of the Protective Order entered this day, the undersigned directs the VSP to produce the foregoing mate rials to Plaintiff's counsel within ten (10) days of thisOrder. Costs for copying and duplication shall be paid by Plaintiff's counsel. The materials submitted for in camera review may be retrieved from chambers by the VSP for use in making necessary copies. Signed by Magistrate Judge Douglas E. Miller and filed on 11/7/11. (jcow, )
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